Telegram-herald., 1887-06-22
A MOTION TO QUASH
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PEssz Bsoss.
Ana nes comes The sd defendant - J.
= AsbTlte. ia attorney s1d moves tns
Eaart aos hers q Qu2sh ans con flstat aad
ssxrzut ID TIA celass add % discharge sad
dsiendant shsssirom foE ms tollosins Fes.
sons. t9-sic
fifst-Bseaase sad complaint charges
fsfsndaBt With tso slisEinct olfsnses AZ the
same uns iBeonsistsas With each sshef-
fesoFlinz 70 . room for ths purpose Of
gaming aod gambling. and sngsziag "a
and ssdinE and abstling Ia gambling.
oscoad-be Because seelion OF sad oFdt-
nance. for a yfoi aiion Of Which said aefend-
snE . undsF arrest on said complaint. u
not according % las and does not pfsssFlne
any offsnse Ior shieA al ordinances = so-
th0rixed 70 % passsa
Third -Becsass sad complaint and war
fant 10 not stais any otsnse known -
aa OF TOR The pnnlshment for watch any
ordinances IaaY De rassed
FouEth.-Bscanes said cnmplaint and
warrant ID aot state any offsnss against
the chatter Of The city aud general Laws OF
/ The state
Flnh. Because the olsnss - charged
does not describe al act or acts OF Al an
l4sfai character
L sixlh - Becanse said ordinance Il In
| operative and void IN that the provision
/ therein prescribed. for punishment OF Of
tenders aszinst said ordinances. 70 wit. sec.
8 Of said ordinance. is unauthorized. IL
legal aud void.
| Sssenth-Bscause this court has no luris-
tiction - pass judgment OF ine or imprls-
onment in case OF conviction hsFeou-
Eghgh-Becnuse this court has no jurls-
diction 10 uy said cause BY complaint or
warrant
Ninth-Bscauss this court has no juris-
| diction OF the person Of this defendant
Tenth-Because the complaint and war
rant do not charge defendant with gaming
and ganlbling With cards. dice, billiards,
nine or ten pin alleys. tables, ball alleys,
wheels OF fortune, boxes. machines or other
instruments or deslcs nor for monsy.
Wherefore defendant prays that ne may
be discharged heFefrom and not required 10
plead 20 said complaint or warrant.
PKrER BaowS.
The hearing of arguments on the motion
20 qussl was adjourned. until o'clock. At
thar hour Assistant City Attorney Taylor
stated 20 the c0art that ne was deslrous OF
arguing the motion 10 quash in the case OF
traak q Day against whoEa was made the
additional charge OF being the proprietor Of
the gambling house. J. +. Mcbride "a
opening tae argument made the additional
ehsrgs that the complaint and warrant were
invalid az they charged three distinct
olfenses and we're illegal "a they were not
In form or subtance as authorized by law.
He said. The charter prescribes in wheat
gambling consists Of and by the use of what
Instruments. aod the ordinance should
cover the same ground and charge the use
OF some OF the implements made. ibis
ordinance Is not In conformity with the
| laN as it dses not mention gambling FOL
money. The complaint charges that he
kept a room for gambling. not for the MSS
and purposes Of gaming or gambling. The
complainant and warrant does not set fortt
that the defendant gambIed with money
} chips cards. or wi,h any thing. The penalty
clause being void the whole law becomes
imperative Discussing this point he quotss
| Judge B1rlingane decision in the Browf
case, and read the provisions Of the charie
In the matter Of the city 3 right 10 frame 81
ordinance to suppress gambling as follows
Title Ill sec TO- they shai
have power. within said city: 70 enact
make continue establish. modify, amend
, | and repeal such ordinances, bylaws an,
regulations as they deem desirable within
! said city, for the following purposes.
, First-To prevent vice and immortality
; 10 preserve paSlic peace and good or
der.
Second.-To restrain and prevent dis
orderly and gaming houses. 70 destroy al
| instruments aud devices used for gaming
|. | and 20 prohibit ali gaming and fraudclen
devices, and regulate or restrain billiard
i. tanles and bowling alleys
Fiiry-tbird.-To prohibit restrain or prs
vent persons from gaming for money wit
: cards dice. billiards. nine or ten pin al
ieys. tables. ball alleys. wheels Of fortune
D boxes machine. or other instruments O
devices whatsoever. In sny grocery. stofs
: shop. or aay osaer place IN said city. {
!, punish the persons kcepirg the building
instruments. or means tor such gaming
2 and 10 compel the destruction OF the same
= Assistant City Attorney Taylor held the
The points raised by Mr.. Mcbride had o
/ bearing II the present case, and were ne
: / III tDHtlIMitf Wtl1 TIE laws - pfttCfiNrt
Afier reviewing the several points raise
. By Mcbride. Judge Holmes said: Eve
a though it we're clea< In nv mind which
Is not--l should hesitate long time bsfor
. ] would bold the ordinSncc invalid. ina
= much as such a ruling would deprive n
, / city Of any right to appeal There is
strong doubt in my mind as % the ord
nance exceeding or conflicting with "a
e poNers granted by ths charter. and desil
that hiHher courts shouid decide on Il
n lexality. I wouii therefore instruct a
a clerk 10 enter 81 order overruiing the ms
ficn a. giasa the cases
- Mr Mcbride fled sn exception 10 Il
/, ( const's decision. STATED that Be Was read
to proceed - trial OF toe ether case bg
wostl zilhdraw the pea of guilty e.
pead not guilty N ali the cazss pro form
The complaint and rarrsn.. as well
osd.zaacs governing these eases are IS 70
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= Ccuety. aforesaid. aed Titci1 TIE refEorsle I'D
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